The Oral Criminal and Correctional Court No. 3 of the City of Buenos Aires will be in charge of sitting in the dock for the accused Fabian Gianola for the crime of “simple sexual abuse” against a radio producer and, in this way, the actor will become the first person in show business to be tried in the country for sexual assault while the trial against his colleague is underway in Brazil Juan Darthes.
“In Argentine justice it will be the first case of an actor accused of abuse to come to trial, there is no jurisprudence of that, it would be a leading case”the lawyer told Télam Gustavo D’Eliawhich sponsors the victim of the facts that will be judged, the presenter and producer viviana aguirre.
For his part, also in dialogue with this agency, Aguirre stressed that the criminalization of the crime has not been an obstacle to this progress “because we are talking about a simple abuse (which has a prison expectation of 1 to 4 years), we are not talking of rape.”
“We are the pioneers in this, that’s why they are even calling me from other countries”he remarked.
The producer said that she feels “happy” and “grateful” with the news because “three years have passed where Mr. Gianola said a lot of things and dismissed the victims that made it seem like we were lying.”
Fabián Gianola accumulates more than a dozen public complaints of abuse made by colleagues from the theater, radio and television, of which only four were prosecuted.
“The message (for the victims) is that it can be done, because the majority say: ‘no, for a touch, what are they going to do? It’s not even worth reporting’. Well, it didn’t happen here and I hope it’s worth it for this is over,” said Aguirre.
“And it is also a message for men, so that they no longer believe they are the most powerful in the world, who can do whatever they want”he added.
According to D’Elía, “in the next few days they are going to set a date for debate” and estimated that in April, May or June the trial will begin.
The complaints against Gianola
Fabián Gianola (59), who in January last year was suspended from the Argentine Association of Actors at the request of one of the complainants and of Argentine Actresses, accumulates more than a dozen public complaints of abuse carried out by colleagues from the theater, radio and television, of which only four were prosecuted.
As explained by D’Elía, until now his dismissal by prescription has only been declared in the case of a masseuse from Puerto Madryn who denounced him for another episode of sexual abuse that occurred in a hotel in 2012.
“Another criminal complaint, the one made by Mrs. Julia Miñothe domestic employee of the country, processes in the Court of Guarantees No. 3 of San Martín with the intervention of the Special Prosecutor’s Office in Gender Violence and Sexual Abuse and is in full process but there the cover is “seriously outrageous sexual abuse” ” explained the lawyer.
Both in the case of the actress Fernanda Meneses – who in 2019 accused him of sexual abuse – and in the case of Aguirre, the investigating judge Ángeles Mariana Gómez Maiorano issued the lack of merit on December 24, 2021.
“With the head of UFEM, Mariela LabozettaWe appealed and in March of last year, Chamber VII of the Crime Chamber resolved to revoke the lack of merit in our case and prosecute Fabián Gianola without preventive detention for a simple sexual offense in three acts with respect to Viviana Aguirre and leave in state of lack of merit to the complaint filed by Mrs. Meneses, who is still investigating two facts while another two were declared dismissed by prescription,” he said.
“Then, in November, the request for elevation to partial trial by my client occurred, since the production of evidence was concluded and she was already in a position to take Mr. Gianola to the bench and answer to Justice for three facts of simple sexual abuse corresponding to article 119, first paragraph of the Penal Code”, said the lawyer.
Public complaints of sexual abuse or harassment that were later taken to court were made by, among others, the following entertainment personalities: Andrea Ghidone, Sabrina Artaza, Mercedes Funes, Natacha Jaitt, Stefy Xipollitakis, Dallys Ferreyra, Mabel Gaginomany of whom will be called as witnesses at trial.
“He was 18 years old when the Mabel Gagino thing happened, and it happened to me in 2019, that is, the guy had been doing what he wanted for years and years,” Aguirre said.
“Mr. Gianola says he is innocent, but I don’t think there are 18 girls who are all wrong and he is the only one who is right”D’Elia said.
The events for which Gianola is brought to trial occurred in 2019, when he worked together with Aguirre on the program “Estamos de Vuelta” on Radio Colonia.
“There were several events but the most compelling were three. He was always looking for rubbing and physical contact and since one already puts his hands or runs away, or greets him from afar, he already started touching”counted.
“First it was a kiss on the mouth, then he touched my leg from the hip to the knee telling me ‘today you brought a leg’. He dared to treat you like that, as if he were his partner, a little more,” he added.
“And the last time was when we were on the air, that he touched my tail, grabbed my cheek and put his hand in me. That was the extreme, I said ‘there are no limits here’ and I resigned. We lasted a month working because it was not sustained “, said.
Aguirre acknowledges that she fell “many times” during these years, especially when the lack of merit was dictated, but that now she feels “strong and very accompanied.”
“I want the truth to be known and for him to be sentenced, although I know that he will not go to prison because this crime has a sentence of 6 months to 4 years, but I do want everyone to know what he is and never do it again with nobody, that was my concern”he concluded.
